NJ Supreme Court Throws Out State’s Appeal in Case of Rabbi Eisemann

On Friday, the New Jersey State Supreme Court delivered a significant blow to prosecutors in the case of SCHI founder Rabbi Osher Eisemann, dismissing their appeal to overturn Judge Joseph Paone’s decision for a new trial in the case.

The prior ruling by a New Jersey appeals court upheld Judge Paone’s decision to invalidate the convictions for money laundering and corporate misconduct. The basis for this decision rested on evidence that surfaced post-trial.

Central to the controversy was a QuickBooks entry that prosecutors had utilized to convince the jury of money laundering through SCHI. Post-trial revelations exposed this claim as unreliable when the bookkeeper responsible for the entry clarified that it was a book-balancing method and not indicative of a loan to Rabbi Eisemann. Moreover, it came to light that no such loan existed, and SCHI, in fact, owed Rabbi Eisemann over $300,000.

During the trial, the prosecution knew the bookkeeper’s identity but kept it concealed from the defense. Astonishingly, the prosecutors failed to engage with the bookkeeper to determine the entry’s nature as a debt. Adding to the injustice, the prosecution withheld the bookkeeper’s identity from the defense, impeding their ability to present her as a witness to exonerate Rabbi Eisemann.

In response to the newly unearthed evidence and the prosecution’s suppression of it, Judge Paone annulled the convictions and mandated a new trial. The state appealed, contending that the evidence wasn’t genuinely new and they bore no obligation to disclose it. They insisted on proceeding directly to the sentencing phase, with Rabbi Eisemann facing a potential 20-year term in jail.

The appeals court rebuffed these arguments, emphasizing in its decision that the fresh evidence unequivocally debunked the existence of a loan to Rabbi Eisemann. Without a loan, the alleged crimes could not have occurred. The judges also asserted that the prosecution violated the Brady Act by withholding pertinent evidence from the defense.

The prosecutors sought relief from the state’s Supreme Court, aiming to rescue their case against Rabbi Eisemann, but the highest court in New Jersey declined to hear the appeal, affirming the appeals court’s ruling that upheld the order for a retrial.

Now, prosecutors must decide whether to pursue a new trial against Rabbi Eisemann.

All are asked to daven for Osher ben Chana Frumet.

{Matzav.com}